Workers' Compensation

Georgia law provides a system of workers' compensation that allows injured employees to recover medical costs and financial benefits without having to prove that the employer was somehow at fault for the accident. 

In fact, Georgia law actually allows  an injured worker to recover workers compensation benefits even if he or she was at fault for the accident with a few exceptions.

The tradeoff for this no-fault system, however, is that the amount and type of benefits available through workers' compensation insurance are quite limited.

One of the most common misconceptions is that if you pursue workers’ compensation or if you hire an attorney, you are suing your employer. In reality,  Georgia law actually prohibits you from suing your employer for injuries you sustained on the job. This is true even if it was your employer’s fault. 

If you have been injured on the job, Georgia law states that the only avenue for recovery is through filing an insurance claim for workers’ compensation benefits with one exception – you may have an additional claim against an independent third party who is responsible for your injuries.  

Whether or not an injured worker has access to workers' compensation insurance depends on whether or not their employer is required by law to carry it.

In Georgia, an employer must carry workers compensation insurance if the employer has 3 or more employees. An employer with less than 3 employees is under no such obligation.

Some companies attempt to avoid this requirement by (wrongfully) designating their employees as independent contractors. This is because under Georgia law, independent contractors do not count towards the 3 or more employee threshold.